The Regional Government Law Back For Judicial Review In The Constitutional Court

The Constitutional Court (CC) held a hearing for judicial review of Law No. 32 Year 2004 regarding Regional Government (Regional Government Law) against the 1945 Constitution, on Friday, April 13, 2007 at 09.30 Local Western Time in the Constitutional Court hearing Panel, Jalan Medan Merdeka Barat No. 7 Central Jakarta. Soedarsono, S.H., was the Chairperson of the Panel of Constitutional Court Justices for this case, while Prof. H. A. Mukhtie Fadjar, S.H., M.H, and I Dewa Palguna, S.H., M.H., were acting as the Panel’s members and Eddy Purwanto, S.H acted as the Substitute Registrar.

Case number 9/PUU-V/2007 was filed by H. Nur Ismanto., S.H., M.Si., Zairin Harahap, S.H., M.Si, Ahmad Khairun H, S.H., M.Hum., and M Selamet Jupri, S.H., from the Center for Human Rights Studies of Indonesian Islamic University (PUSHAM-UII) having its address in Jeruklegi, Bantul, Yogyakarta.

In the hearing earlier today, the Petitioners read out their petition and requested the Panel of the Constitutional Court Justices to grant the Petitioners’ petition and declare Article 58 Sub-article (f) of the Regional Government Law, which contains one of the requirements for becoming Head of Region and Deputy Head of Region candidates, contradictory to the 1945 Constitution of the Republic of Indonesia and also to declare that those articles have no binding legal effect. The Petitioners argued that the application of some of the articles in the Regional Government Law is not in accordance with the mandate of the constitution, so that the Petitioners felt that their constitutional rights and/or authorities may potentially be impaired by the coming into effect of the aforementioned law.

The first hearing was scheduled for the preliminary hearing, in which the Panel of Justices, aside from examining the Petitioner’s documents, also gave words of advice to the Petitioners. Before the hearing was adjourned, the Chairperson of the Panel of Constitutional Court Justices, Soedarsono, S.H. gave a time period of 14 days for the Petitioners to revise their petition.

Monday, April 16, 2007 | 16:35 WIB 314